Assignment 3 (1page) answer all questions. Cite, one reference.
Attractive Nuisance
One of the paralegals in your division had to leave work early and asked that you meet with a new client in her place. She informed you that the client is meeting about a potential attractive nuisance issue. You are familiar with the attractive nuisance doctrine, which holds that a landowner can be held liable for injuries to children, even when the children are trespassing, so long as an object or condition on the property is likely to attract children onto the property. In preparation for the meeting, you review this article on
“What Is an Attractive Nuisance?”
After meeting with the client, you learn they own a rare dog, a Norwegian Lundehund, which the owner uses as a show dog. Unfortunately, one of the neighbors’ children found their way onto the client’s property to play with the dog and was injured while accessing the property. However, the client was very clear in explaining that the dog did not bite the child or cause an injury to the child. Reflecting on the interview, you are unsure if a dog would qualify as an attractive nuisance.
Answer the following questions:
In your state, what features or conditions typically classify something as an attractive nuisance?
Has your state’s legislation or court spoken about whether a dog may qualify as an attractive nuisance?
What unique attributes of the Norwegian Lundehund might appeal to children and potentially classify it as an attractive nuisance?
In your opinion, do you think the Norwegian Lundehund would qualify as an attractive nuisance? Why?
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